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21 Feb 2017, 4:00 am by Guest Blogger
Among the various qualities that come into play in adjudication, and so we expect a good judge to have, open-mindedness trumps. [read post]
20 Feb 2017, 6:00 am by F. Tim Knight
Sense of justice and policy come into play? [read post]
20 Feb 2017, 5:07 am by SHG
At least sensitivity readers come cheap. [read post]
18 Feb 2017, 9:37 am by Stephen Griffin
  But where did Trump come from? [read post]
18 Feb 2017, 4:37 am by Jordan Brunner
District Court for the District of Columbia, and posted the Lawfare Podcast, featuring Norm Eisen on the Emoluments Clause. [read post]
17 Feb 2017, 8:39 am
  Tribunalization, then, doesn't relate as much to specific claims as it is used to create a web of governance norms around which states are expected to mold behavior. [read post]
16 Feb 2017, 2:30 pm by Michael
But that’s pretty much the norm for virtually all exchanges on social media these days. [read post]
15 Feb 2017, 9:01 pm by Neil H. Buchanan
Federal workers are not only mission driven–having chosen careers as civil servants out of a sense of public duty (given the reality that they will never get rich as government employees)–but they are also deeply committed to following proper procedures.This means that attempts by Trump or his political minions to trample the rule of law will come up against The Bureaucracy. [read post]
15 Feb 2017, 5:00 pm by David Post
One clue to what it means comes from asking: What were the Founders concerned about? [read post]
14 Feb 2017, 9:01 pm by Sherry F. Colb
The problem here, however, is that most people reading about or hearing reports of the lawsuit would come away believing that killing dairy cattle is something aberrant that CWT was paying for to artificially raise prices on dairy. [read post]
14 Feb 2017, 12:24 pm by Samuel Cutler
The reason that sanctions can be successful is that in the past the United States clearly articulated its goals, moved in concert with allies and trading partners, and was generally trusted to act in the interest of upholding international rules and norms. [read post]
14 Feb 2017, 8:22 am by Daniel Shaviro
I agree with the paper that this is not a normatively satisfying position, even in a one-state world. [read post]
13 Feb 2017, 9:30 pm by Seth W. Stoughton
Second, the Court provided what have come to be known as “the Graham factors. [read post]
13 Feb 2017, 1:08 pm by Bernie Burk
  So our disagreement comes down to whether what she was punished for was “doing her job. [read post]
13 Feb 2017, 11:05 am by Rishabh Bhandari, Jordan Brunner
  ICYMI: This Weekend, on Lawfare Quinta Jurecic posted the Lawfare Podcast, featuring Norm Eisen on the Emoluments Clause. [read post]
12 Feb 2017, 6:34 am by Diane Marie Amann
As detailed below, participants will be coming here to Athens from all over North America and Europe, and from as far away as Australia, Hong Kong, Japan, and Kosovo. [read post]
11 Feb 2017, 7:09 am by Rebecca Tushnet
  Projects: Article of manufacture piece is coming out soon; current talk; then partial designs.Courts have read “new” & “original” out; subject matter: “ornamental,” “design,” “for an article of manufacture. [read post]